Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85558
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5277 of 2025 Petitioner :- Rajendra Nishad Respondent :- Smt. Seema Counsel for Petitioner :- Ashwani Tiwari,Padmaker Pandey Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"1. To Issue appropriate order or direction to the learned Family Court to expedite the hearing and decide the proceeding of Case No (O.S. No.). 110 of 2023 (Rajendra Nishad vs. Smt. Seema), under section 9 of Hindu Marriage Act, pending in the court of Family Court Banda, with in specific time."
2. It is contended by counsel for the petitioner that petition filed under Section 9 of Hindu Marriage Act is pending consideration since 2023.
3. Section 21B of Hindu Marriage Act, 1955 (hereinafter referred to as "Act of 1955") provides as under :
"21B. Special provision relating to trial and disposal of petitions under the Act.? (1) The trial of a petition under this Act shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded. (2) Every petition under this Act shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent. (3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent."
4. As the Act of 1955 itself provides for deciding the petitions filed under the Act within fixed period of time, there is no need for
issuing a separate direction to the Court concerned. The Principal Judge, Family Court to proceed in accordance with Section 21B of Act of 1955.
5. Writ petition stands disposed of. Order Date :- 21.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad